AKPAN J. OKODON V. THE STATE

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): As this purported appeal was filed 8 months out of time and as this court has no powers to extend time within which to appeal in a capital offence, which is the subject of this appeal (See Section 31 of the Supreme Court Act - No. 12 of 1960) I am left with no discretion than to strike same out. Appeal is hereby struck out.

A. O. OBASEKI, J.S.C.: This is an appeal against the order of the Federal Court of Appeal striking out the appeal of appellant against conviction and sentence of death on 22nd January, 1979.The notice of appeal was filed on 21st of August, 1979 a period of 7 months later. Section 31(2)(b) Supreme Court Act No. 12 of 1960 prescribes 30 days in which to appeal while Section 31(4) Supreme Court Act prohibits the court from extending that period prescribed by law. The court therefore has no discretion in the matter.In my view, the appeal is incompetent and must be struck out.The appeal is hereby struck out and di…